Build The Privilege Of Relatives Witness In China’s Criminal Procedure

As an important supplement to the form of the proof system, the system of relativeswitness privilege, is widely found in the code of criminal procedure and evidence legislation.Although the theoretical basis of the system and the specific contents are different fromcountry to country, most of which are approval to its role in the protection of human rightsand the effect of defending traditional moral. In China, the records of privilege system inhistory on the relatives of the kinship concealmen system mostly, even if the long-termevaluation of the kinship concealmen system is not a circle, but it cannot deny its effects inmaintaining social stability and sustaining families.At the same time, while we advocate thelegal value of the proposed, including the procedural justice, freedom and equality ect.,establishing the privilege system in accordance with the conditions is necessary too. It notonly can be seen as a modern to the traditional kinship concealmen system, but also canarouse the law to respect for human rights, which is consistent with the objective of criminalprocedure of the fight against crime and the protection of human rights. Indeed, thematuration of the system is not accomplish at one stroke, and the study of the witnessprivilege system is still in the initial stage, more and more complex problems will be faced towith the further exploration.Therefore, the author thinks that appropriating from the privilege system of the two lawsystems, and starting from the jurisprudence foundation, social ethics foundation are the basisof strengthening the study of the privilege system theory.More than that, to analysis and rulesof a privilege system in line with the criminal procedure values has an irreplaceable role inperfecting the legislation of evidence and promoting China’s traditional virtue as well.